Common use of Service User’s Mental Capacity Clause in Contracts

Service User’s Mental Capacity. 5.5.1 Xxx Xxxxxx Xxxxxxxx Xxx 0000 (as amended) makes provision to empower people to make decisions for themselves wherever possible and protects people who lack ‘capacity’ by providing a framework that places individuals at the heart of the decision-making process. The Code of Practice provides guidance and both must be referred to when issues relating to a Service User’s capacity arise. The Service Purchaser(s) and the Service Provider will always assume the Service User has the capacity to make the day to day decisions, unless there is clear evidence otherwise. The Service Purchaser(s) and the Service Provider are not legally permitted to take the wishes of the Service User’s Representative as being the Service User’s wishes unless the Representative has evidenced legal authority to make the decision in question.

Service User’s Mental Capacity. 5.5.1 Xxx Xxxxxx Xxxxxxxx Xxx 0000 (as amended) makes provision to empower people to make decisions for themselves wherever possible and protects people who lack ‘capacity’ by providing a framework that places individuals at the heart of the decision-making process. The Code of Practice provides guidance and both that must be referred to when issues relating to a Service User’s capacity arise. The Service Purchaser(s) and the Service Provider will always assume the Service User has the capacity to make the day to day decisions, unless there is clear evidence otherwise. The Service Purchaser(s) and the Service Provider are not legally permitted to take the wishes of the Service User’s Representative as being the Service User’s wishes unless the Representative has evidenced legal authority to make the decision in question.

Service User’s Mental Capacity. 5.5.1 Xxx Xxxxxx Xxxxxxxx Xxx 0000 The Mental Capacity Act 2005 (as amended) makes provision to empower people to make decisions for themselves wherever possible and protects people who lack ‘capacity’ by providing a framework that places individuals at the heart of the decision-making process. The Code of Practice provides guidance and both must be referred to when issues relating to a Service User’s capacity arise. The Service Purchaser(s) and the Service Provider will always assume the Service User has the capacity to make the day to day decisions, unless there is clear evidence otherwise. The Service Purchaser(s) and the Service Provider are not legally permitted to take the wishes of the Service User’s Representative as being the Service User’s wishes unless the Representative has evidenced legal authority to make the decision in question.